Loading...
HomeMy WebLinkAboutC7. ORD 1923 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Craig Woolard, Director of Public Works Tim Cooper, Assistant City Attorney Mark DeWald, Pretreatment Coordinator SUBJECT: Final Adoption of Ordinance No. 1923, Revising Chapter 40, Article 3, Division 3, Wastewater Collection and Treatment System. AGENDA ITEM TYPE: Consent MEETING DATE: October 26, 2015 KEY ISSUES: A recent audit of the City of Bozeman’s pretreatment program identified that pretreatment regulations in the Bozeman Municipal Code need to be amended to provide for the implementation and enforcement of the City’s pretreatment program. The attached ordinance meets all current state and federal laws and regulations. RECOMMENDATION: Finally Adopt Ordinance No. 1923 amending the Bozeman Municipal Code to comply with all applicable state and federal laws required by the Clean Water Act and the General Pretreatment Regulations. BACKGROUND: On September 8, 2014, the Environmental Protection Agency (EPA) conducted a routine pretreatment compliance inspection at the City of Bozeman’s Water Reclamation Facility. That inspection identified a number of deficiencies in the City’s pretreatment program including records maintenance, inspection and sampling errors, and permitting and enforcement problems. Failure to submit an updated pretreatment ordinance was also identified in the audit as a deficiency in the City’s program. The City has reviewed the inspection finding with the EPA and agreed to an Administrative Order of Consent from the EPA. The final consent order from EPA is attached. Immediately after the audit, the City has taken actions to address deficiencies in the Pretreatment Program. These include: 100 • Reorganizing the Pretreatment Program. The Program has been moved from Engineering to the Water Reclamation Facility and staffed with a Pretreatment Coordinator (Mark DeWald). Pretreatment programs are intended to control harmful discharges to the City’s WRF so locating the City’s pretreatment function at the WRF provides direct access to the equipment and data needed for efficient compliance and enforcement actions. • Centralizing and organizing all pretreatment records at the WRF. • Engaged a consulting engineer (Morrison-Maierle, Inc.) to provide technical help in revising the City’s permits, inspection forms, local limits calculations and permits. • Revised the City’s pretreatment ordinance to provide the City with the legal authority to enforce pretreatment permits and comply with the latest EPA pretreatment regulations. Ordinance number 1923 amends the existing ordinance to provide for implementation and enforcement of the City’s pretreatment program in compliance with the Clean Water Act of 1977 and the General Pretreatment Regulations specified in Code of Federal Regulations (Section 40, part 403). A pretreatment program must be based on legal authority enforceable in Federal, State, or local courts, which authorizes or enables the City to apply and enforce the requirements of the Act and any regulations implementing the Act. Such authority must be contained in an ordinance which the City is authorized to enact. It was determined that the existing ordinance was deficient in its control authority and its provisions intended to address non-compliance. This ordinance amends sections on Definitions, Discharge Prohibitions, Permit Requirements, Sampling, and Reporting and Compliance requirements. Notably, the City was also directed to incorporate authority to provide for the following new enforcement remedies: Notice of Violations; Consent Orders; Show Cause Hearings; Administrative Orders; Civil Penalties; and Administrative Penalty Authority. UNRESOLVED ISSUES: The State of Montana DEQ and EPA have been consulted during ordinance development. Both agencies have been provided a copy of the proposed ordinance but have yet to provide written comments. FISCAL EFFECTS: Proposed ordinance change clarifies requirements. Staff does not anticipate any increase in compliance costs beyond what is currently required. ALTERNATIVES: As suggested by the City Commission. Attachments: Ordinance No. 1923 Cover letter from EPA Administrative Order for Compliance on Consent 101 Page 1 of 22 ORDINANCE NO. 1923 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY MODIFYING SECTION 40.03.330 AND BY REVISING CHAPTER 40, ARTICLE 3, DIVISION 3, WASTEWATER COLLECTION AND TREATMENT SYSTEM. WHEREAS, Chapter 40, Article 3, Division 3 of the Bozeman Municipal Code, Wastewater Collection and Treatment System, sets forth requirements for direct and indirect contributors into the City’s wastewater collection and treatment system and enables the City to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403); and WHEREAS, it is necessary to adopt new or revised provisions to implement and enforce a pretreatment program that fulfills requirements set forth in the Code of Federal Regulations; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Section 40.03.330 of the Bozeman Municipal Code be amended, so that such section shall read as follows: Sec. 40.03.330. - Waiver of regulations; conditions. In any case where compliance with any of these the rules in this division introduces unusual difficulty, such rule may be temporarily waived by the director of public works upon application of the utility or the customer. Nothing herein shall authorize a waiver of any of the requirements of Division 3, Wastewater Collection and Treatment System, §40.03.900 et seq. 102 Page 2 of 22 Section 2 That Section 40.03.910 of the Bozeman Municipal Code be amended, so that such section shall read as follows: Sec. 40.03.910. – Definitions. A. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, title 33, ch. 26, USC. 2. “Approval Authority” means the Director in an NPDES State with an approved State pretreatment program and the appropriate Regional Administrator in a non-NPDES State or NPDES State without an approved State pretreatment program. 2 3. "Authorized representative of industrial user" means: a. A principal executive officer or an officer of at least the level of vice-president, if the industrial user is a corporation; b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; c. A duly authorized representative of the individual designated in subsections a and b of this definition if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. 3 4. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of weight and concentration (milligrams per liter (mg/l)). 5. “Best Management Practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. 4 6. "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other polluted waters in drainage pipes inside the walls of buildings and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. 5 7. "Building sewer" means the extension from the building drain to the public sewer or other place of disposal. 6 8. "Bypass" means the diversion of waste streams from any portion of an industrial user's treatment facility directly to the publicly owned treatment works (POTW). 103 Page 3 of 22 9. "Categorical Industrial User” means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard. 7 10. “Categorical standards" means National Categorical Pretreatment Standards or pretreatment standard. 8 11. "Combined sewer" means a sewer receiving both surface runoff and sewage. 12. “Control Authority” refers to the City of Bozeman.9 13. "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. 10 14. "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the state of Montana. 11 15. "Engineer" means the city engineer, or the city engineer's authorized deputy, agent or representative. 12 16. "Estimated maximum daily discharge" means the greatest discharge into the sewerage system which it is estimated will occur in any one 24-hour day during the year. 13 17. "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. 14 18. "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. 15 19. "Holding tank waste" means any waste from holding tanks such as chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks. 16 20. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 USC 1317), into the POTW. 17 21. "Industrial user" means any user that discharge wastewater other than domestic wastes from industrial or commercial processes. 18 22. "Industrial wastes" means the liquid wastes from industrial processes, as distinct from sanitary sewage. 19 23. "Interference" means a discharge that, alone or in conjunction with a discharge or discharges from other sources, the inhibition or disruption of inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, which contributes to is a cause of a violation of any requirement of the city's POTW’s NPDES permit. The term includes or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State of local regulations: by the POTW in accordance with section 405 of the Act; (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act, the 104 Page 4 of 22 Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to title IV of SWDA) applicable to the method of disposal or use employed by the POTW. 20 . "National Categorical Pretreatment Standard" or "pretreatment standard" means any regulation containing pollutant discharge limits promulgated in accordance with section 307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users. 21 24. "National Pollution Discharge Elimination System permit" or "NPDES permit" means a permit issued pursuant to section 402 of the Act (33 USC 1342). 25. "National Pretreatment Standard, Pretreatment Standard, or Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. 22 . "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard" means any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5, as amended. 23 26. "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. 24 27. "New source:" means any source, the construction of which is commenced after the publication of proposed regulations prescribing section 307(c) (33 USC 1317), Categorical Pretreatment Standard, which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard (1) The term “New Source” means any building, structure, facility or installation from which there is or may be a Discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility or installation is constructed at a site at which no other source is located; or (ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which 105 Page 5 of 22 the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (m)(1)(ii) or (m)(1)(iii) of this section, but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (i) Begun, or caused to begin as part of a continuous onsite construction program: (A) Any placement, assembly, or installation of facilities or equipment; or (B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. 25 28. "Pass-through" means a discharge which exits the POTW into waters of the state in quantities or concentrations which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). 29. "Person" means any individual, business association, partnership, corporation, or other legal entity. 26 30. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. 27 31. "Pollutant" means any dredged spoil, solid waste, incinerator residue, wastewater, garbage, sewage sludge, munitions, chemical wastes, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water. 28 32. "Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water. 29 33. "POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) to wastewater of municipal sewage and industrial waste. 106 Page 6 of 22 30 34. "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d). 35. “Pretreatment requirements” means any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User. 31 36. "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. 32 37. "Publicly owned treatment works (POTW)" means a treatment works as defined by section 212 of the Act (33 USC 1292) which is owned in this instance by the city a State or municipality (as defined by section 502(4) of the Act). This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by permit, contract or agreement with the city, users of the city's POTW. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. 33 38. "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by the city. 34 39. "Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted. 35 40. "Severe property damage" means substantial physical damage to property, or significant operational interference, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 36 41. "Sewer" means a pipe or conduit for carrying sewage. 37 42. "Significant industrial user." Except as provided in section 40.03.1130.C the term "significant industrial user" means: a. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR ch. I, subch. N; and b. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary noncontact cooling 107 Page 7 of 22 and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Public Works Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. 38 43. "Slug discharges" means any nonroutine discharge, episodic in nature, including but not limited to an accidental spill or a noncustomary batch discharge. 39 44. "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. 40 45. "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. 41 46. "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom. 42 47. "Suspended solids" means solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. 43 48. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated under the provisions of CWA 307(a) or other acts. 44 49. "Upset" means an incident, beyond the reasonable control of the industrial user, that causes the user to be in unintentional and temporary noncompliance with categorical pretreatment standards. Upsets do not include noncompliance caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation. 45 50. "User" means any person who contributes, causes or permits the contribution of wastewater into the city's POTW. 46 51. "Wastewater" means the liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with such groundwater, surface water and stormwater as may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. 47 52. "Wastewater contribution permit" shall have the meaning as set forth in section 40.03.1130 48 53. "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. 49 54. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. 108 Page 8 of 22 Section 3 That Section 40.03.930 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 40.03.930. - Discharge prohibitions. A. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass-through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standard or requirements. A user may not contribute the following substances to any POTW: 1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which constitutes a fire or explosion hazard; 2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. Prohibited materials include but are not limited to: fats, oils, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, paint, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes; 3. Unless authorized by the city Public Works Director, any wastewater having a pH less than 6.0 5.0 or greater than 9.0 12.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW; 4. Any wastewater containing toxic pollutants in sufficient quantity, which either singly or by interaction with other pollutants, injures or interferes with any wastewater treatment process, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW, or exceeds the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to section 307(a) of the Act; 5. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or which create the presence of toxic gases, vapors or fumes within in the POTW in a quantity 109 Page 9 of 22 that may cause acute worker health and safety problems, or are sufficient to prevent entry into the sewers for maintenance and repair; 6. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 and section 503 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used; 7. Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards; 8. Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions; 9. Any wastewater having a temperature that will cause the temperature of the wastewater plant influent to exceed 40 degrees centigrade (104 degrees Fahrenheit) or will inhibit biological activity of the wastewater treatment; 10. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW; 11. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed established limits; 12. Any septic tank pumpings or material taken from cesspools, privies or other sewage treatment systems, unless approved by the city Public Works Director; 13. Any water or waste which may contain more than 25 parts per million, by weight, of fat, oil or grease that is generated from a restaurant, commercial kitchen or similar facility. Other users that discharge water or waste that contain fat, oil or grease may be determined to be a significant industrial user and subject to discharge limitations as determined by the Director of Public Works; 14. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through; 15. Any trucked or hauled pollutants, except as may be approved by the Public Works Director and at discharge points as may be designated by the city. B. When it is determined that a user is contributing to the POTW, any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, then the Public Works Director shall: 1. Advise the user of the impact of the contribution on the POTW; and 2. Develop effluent limitation for such user to correct the interference with the POTW. 3. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by Industrial Users where such contributions do not meet 110 Page 10 of 22 applicable Pretreatment Standards and Requirements or where such contributions would cause the POTW to violate its NPDES permit. C. Upon such notification, the user shall develop a pretreatment program and comply with the conditions set forth in this division, particularly sections 40.03.1110 through 40.03.1200, inclusive. Section 4 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1115, to read as follows: 40.03.1115 Local Limits Pollutant limits for the following are established periodically to protect against pass through and interference. No Significant Industrial User (SIU) shall discharge wastewater containing in excess of the instantaneous maximum allowable discharge limits as established by City Commission Resolution: arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, silver, zinc. The limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The Public Works Director may impose mass limitations in addition to, or in place of, the concentration-based limitations above. The Public Works Director may develop BMPs in individual wastewater discharge permits to implement Local Limits or other requirements of this division. Section 5 That Section 40.03.1130 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 40.03.1130. - Industrial discharge permit. A. A significant industrial user shall obtain an industrial discharge permit renewable every three years for a period not to exceed five years at the initial cost of $100.00 and a renewal fee of $50.00 if the user: 1. Is subject to National Categorical Pretreatment Standards; or 2. Is determined by the Public Works Director to have significant impact, either singly or in combination with other contributing industrial users, on the quality of the wastewater treatment plant's effluent, sludge, scum or residues, or such that interference with the treatment process or facilities would result. B. Existing significant industrial users shall apply for a wastewater discharge permit within 60 days after the effective date of the ordinance codified in this division and proposed new significant industrial users shall apply at least 60 days prior to discharging into the 111 Page 11 of 22 wastewater utility. The application shall include a statement regarding whether or not applicable pretreatment standards are being met on a consistent basis, and, if not, what additional operation and maintenance and/or additional pretreatment is required to meet the standards. C. The Public Works Director may at any time, and in accordance with 40 CFR 403.8(f)(6) 403.3(v)(3), determine that an industrial user meeting the criteria of section 40.03.910.A.37 44 is not a significant industrial user if the user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. D. Industrial wastewater permits are subject to all provisions of this division and all other applicable reports, regulations, user charges and fees established by the city. Permits may contain, without limitation, the following: 1. A statement of duration; 2. A statement of nontransferability without prior notification to the Public Works Director and without a copy of the existing discharge permit being provided to the new owner or operator; 3. Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law; 4. Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; 5. Schedules for installation of pretreatment equipment to bring discharge into compliance with applicable regulations; 6. Requirements for installation and maintenance of inspection and sampling facilities; 7. Specifications for monitoring programs that include sampling locations; frequency of sampling; number, type and standards for tests; and reporting schedules; 8. Requirements for submission of technical reports, discharge reports and compliance progress report; 9. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city and affording city access thereto; 10. Requirements for notification of the city to the new introduction of wastewater constituents or any change in character of the wastewater constituents or average volume being introduced into the wastewater utility; 11. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines; and 12. Other conditions as deemed necessary by the engineer in order to enforce the provisions of this division Requirement to control slug discharges, if determined by the Public Works Director to be necessary; and 112 Page 12 of 22 12 13. Other conditions as deemed necessary by the Public Works Director in order to enforce the provisions of this division. E. The Public Works Director shall issue industrial discharge permits for a specified time period not to exceed two five years. The industrial user shall apply for permit reissuance at least 30 days prior to the expiration of the user's existing permit. The terms and conditions for the permit may be subject to modification by the Public Works Director during the term of the permit if limitations or requirements are modified, if necessary to meet requirements of the city's NPDES discharge permit to accommodate new or increased contributions of wastewater or changes in the nature of the wastewater, or if there is other good cause. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. F. An applicant for a permit shall pay the prescribed fees. G. A wastewater discharge permit may not be sold, traded, assigned, transferred or sublet. Any new significant industrial user must obtain a wastewater discharge permit regardless of whether a permit previously existed for the same premises. Section 6 That Section 40.03.1150 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 40.03.1150. - Sampling, analysis and inspection. A. All industrial users shall obtain the Public Works Director's approval for all sampling and measuring equipment prior to its installation or use. All measuring, test and analyses and all sampling that the industrial user is required to make shall be done at the user's own expense. B. All industrial users shall make all measurements, tests, sampling and analyses required by this division in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. The Public Works Director may direct an industrial user to deliver a split sample to a designated laboratory for analytical verification. C. The Public Works Director shall determine the frequency of sampling, measuring and analyses and include them as conditions of the user's industrial discharge permit. The Public Works Director may impose mass limitations on industrial users that use flow equalization to meet applicable standards or requirements or in other cases where imposition of mass limitations are appropriate. D. The city may place upon the industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. E. Sampling and analysis may be performed by the city in lieu of the industrial user. Where the city itself collects all the information required for the report, the industrial user may be excused from submitting duplicate test data results. 113 Page 13 of 22 F. The city may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by the industrial users, occasional and continuing noncompliance with pretreatment standards. G. The city shall inspect and sample the effluent from each significant industrial user at least once a year. H. All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. I. Except as indicated in Section J and K below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by Public Works Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. J. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. K. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Public Works Director may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. L. If an Industrial User subject to the reporting requirement of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Control Authority, using the procedure prescribed in this section, the results of this monitoring shall be included in the report. 114 Page 14 of 22 Section 7 That Section 40.03.1160 of the Bozeman Municipal Code be amended so that such section shall read as follows: Sec. 40.03.1160. - Reporting and compliance requirements. A. All significant industrial users required to meet categorical pretreatment standards must submit the reports required in 40 CFR 403.12. All reports shall be based on sampling and analysis performed during the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. All reports shall be signed by an authorized representative of the industrial user and certified by a qualified professional. All industrial users that have permits or that have the potential to discharge prohibited substances or specific pollutants that may cause a significant impact on the POTW shall submit to the Public Works Director semiannual compliance reports at the times designated on the permit, and containing information and data as required by the permit, including but not limited to the following: 1. The name and address of the industrial user including the name of the operator and owners; 2. Any environmental control permits held by or for the industrial user; 3. A brief description of the nature and average rate of production by the industrial user; 4. A brief description of the Standard Industrial Classification of the operation carried out by the industrial user; 5. Building plans or details that indicate all points of discharge to the city sewer system from the regulated process; 6. New Sources: All new sources subject to existing categorical pretreatment standards shall submit a report within ninety (90) days from the date of first discharge demonstrating actual and continuing compliance with those standards. 7. Existing Sources: All existing sources required to comply with newly promulgated categorical pretreatment standards shall submit a report within ninety (90) days of the date on which compliance is required with those standards demonstrating that actual and continuing compliance with the new standards has been achieved. 6 8. The measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: a. Regulated process streams; and b. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). All flows shall be measured unless cost or feasibility justify allowing a verifiable estimate of the flow; 7 9. Nature and concentration of pollutants or materials prohibited in the discharge; 115 Page 15 of 22 8 10. A statement indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the requirements; and 9 11. If additional pretreatment and/or operation and maintenance will be required to meet the requirements, the industrial user shall supply the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. 12. If sampling performed by a User indicates a violation, the User must notify Public Works Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to Pretreatment Coordinator within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User’s facility at least once a month, or if the City performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User. B. All applications and reports submitted to the Industrial Wastewater Control Program must contain the following certification statement and be signed as required in Sections (a), (b), (c), or (d) below: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations." a) By a responsible corporate officer, if the Industrial User submitting the reports is a corporation. For the purpose of this paragraph, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or; (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been 116 Page 16 of 22 assigned or delegated to the manager in accordance with corporate procedures. b) By a general partner or proprietor if the Industrial User submitting the reports is a partnership or sole proprietorship, respectively. c) The principal executive officer or director having responsibility for the overall operation of the discharging facility if the Industrial User submitting the reports is a Federal, State, or Local governmental entity, or their agents. d) By a duly authorized representative of the individual designated in paragraph (a), (b), or (c) of this section if: (i) the authorization is made in writing by the individual described in paragraph (a), (b), or (c); (ii) the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and (iii) the written authorization is submitted to the City. C. All significant users must investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices required under 40 CFR 403.12, or indicated by analysis, inspection, and surveillance activities described in 40 CFR 403.8(f)(2)(v). Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions. B D. An All industrial users must comply with the public participation requirements of 40 CFR part 25 in the enforcement of National Pretreatment Standards. These procedures shall include provision for at least annual public notification in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of Industrial Users which, at any time during the previous 12 months, were in significant noncompliance with applicable Pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria: 1. Chronic violation of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l); 2. Technical review criteria (TRC) violation, defined here as those in which 33 percent or more of all the measurements taken for each the same pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); 117 Page 17 of 22 3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) effluent limit (daily maximum, or long-term average, instantaneous limit, or narrative standard) that the engineer POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public); 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge; 5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; 6. Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; 7. Failure to accurately report noncompliance; and 8. Any other violation or group of violations, which may include a violation of Best Management Practices, which the city POTW determines will adversely affect the operation or implementation of the local pretreatment program. C E. The city may publish an annual public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements. D F. All industrial users shall notify the POTW, EPA Regional Waste Management Division Director, and state pretreatment hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification shall be conducted in accordance with the provisions of 40 CFR 403.12(p). E G. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). F H. Any industrial user submitting information to the city pursuant to this division may claim it to be confidential if it demonstrates to the satisfaction of the Public Works Director that release of such information would divulge information processes, or methods of production entitled to protection as the user's trade secrets. 1. The user must assert such claim at the time of submission by stamping the words "confidential business information" on each page containing such information. If no such claim is made at the time of submission, the city may make information available to the public without further notice. 118 Page 18 of 22 2. Such confidential business information shall not be made available to the public, but the city may use the information for determining compliance with this division. 3. Effluent or discharge data is not confidential. 4. The city may provide confidential business information to governmental agencies upon written request for uses directly related to enforcement of this division, but, the city shall not transmit the confidential information to any government agency until the city has received written approval from the user. G I. No person shall make any false statement, representation or certification, knowing it to be false, in any application, record, plan, data or document filed or required to be maintained pursuant to this division. J. Significant Industrial Users are required to notify the Public Works Director immediately of any changes at its facility affecting the potential for a Slug Discharge. H K. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this division. L. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Public Works Director. M. Any Industrial User and POTW subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with Best Management Practices. Such records shall include for all samples: (i) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (ii) The dates analyses were performed; (iii) who performed the analyses; (iv) The analytical techniques/methods use; and (v) the results of such analyses. I N. The Public Works Director shall have access to records and wastewater testing facilities during normal working hours of the user. Section 8 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1240, to read as follows: Section 40.03.1240. - Notification of Violation. 119 Page 19 of 22 When the Public Works Director finds that a User has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Public Works Director may serve upon that User a written Notice of Violation. Within (10) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Public Works Director. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. Section 9 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1250 to read as follows: Section 40.03.1250. - Consent Orders. The Public Works Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 40.03.1270 and 40.03.1280 and shall be judicially enforceable. Section 10 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1260, to read as follows: Section 40.03.1260. - Show Cause Hearing. The Public Works Director may order a User which has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 40.03.910.A and required by Section 40.03.1160. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. 120 Page 20 of 22 Section 11 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1270, to read as follows: Section 40.03.1270. - Compliance Orders. When the Public Works Director finds that a User has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Engineer may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. Section 12 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1280, to read as follows: Section 40.03.1280. - Cease and Desist Orders. When the Public Works Director finds that a User has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User’s past violations are likely to recur, the Public Works Director may issue an order to the User directing it to cease and desist all such violations and directing the User to: A. Immediately comply with all requirements; and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User. 121 Page 21 of 22 Section 13 That the Bozeman Municipal Code be amended by adding a section to be numbered, 40.03.1290, to read as follows: Section 40.03.1290. - Administrative Fines. A. When the Public Works Director finds that a User has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Public Works Director may fine such User in an amount not to exceed one thousand dollars ($1,000.00) per day per violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. B. Users desiring to dispute such fines must file a written request for the Public Works Director to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Public Works Director may convene a hearing on the matter. In the event the User’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the User. The Public Works Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. C. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User. Section 14 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 15 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 16 Severability. 122 Page 22 of 22 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 17 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 5th day of October, 2015. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 26th of October, 2015. The effective date of this ordinance is November 26th, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160